Arrow Generics Ltd & Anor v Merck & Co, Inc

EP(UK) 904 was never granted as the GB designation was withdrawn before the grant took effect; court has jurisdiction to grant declarations regarding Arrow's product and divisional applications, as section 74 does not bar such claims and the declarations serve a useful commercial purpose.

Parties: Claimant: Arrow Generics Limited; Claimant: Arrow Pharm (Malta) Limited; Defendant: Merck & Co, Inc
Jurisdiction: England and Wales
Judgment Date: 31 July 2007
Procedural Posture: Patent Litigation / Ruling on Application to Strike Out and Amend Claim
Outcome: Claims regarding EP(UK) 904 struck out; claims regarding Arrow's product and divisional applications allowed to proceed.
Legal Topics: Declaratory Relief, Patent Validity, Patent Infringement, European Patent Convention, Divisional Patent Applications

Intellectual Property Patent Law Declaratory Relief Patent Validity Patent Infringement European Patent Convention Divisional Patent Applications

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Parties

Arrow Generics Limited

Claimant

Arrow Pharm (Malta) Limited

Claimant

Merck & Co, Inc

Defendant

Procedural Posture

Patent Litigation / Ruling on Application to Strike Out and Amend Claim

Legal Issues

1 Whether EP(UK) 904 patent ever existed given withdrawal of GB designation before publication
2 Whether court has jurisdiction to grant declarations regarding divisional patent applications and applicant's product

Ratio Decidendi

Court Disposition

Claims regarding EP(UK) 904 struck out; claims regarding Arrow's product and divisional applications allowed to proceed.

Orders

Claims in respect of EP(UK) 904 struck out.
Claims for declarations regarding Arrow's product and divisional applications allowed to proceed.